Instructions to the Seller

Definitions

`Access roads‘ means any private road(s) giving access from the property to a public highway.
`Alterations’ means work intended to change the function or appearance of a place or property.
`Building work’ means any work listed in Regulation 3(1) of the Building Regulations 2010 and as amended in Wales since 2014.
`Buyer’ means all buyers together where the property is being bought by more than one person.
`Commonhold’ is a form of ownership for multi-occupancy developments. Each unit-holder owns the freehold of their home, and a commonhold or residents’ association owns and manages the common parts of the property.
‘Commonhold community statement’ means a document which makes provision in relation to specified land for (a) the rights and duties of the commonhold association, and (b) the rights and duties of the unit-holders.
`Commonhold unit’ means a commonhold unit specified in a commonhold community statement.
`Consent’ means approval for matters affecting freehold title (for example a restrictive covenant) or leasehold title (such as for alterations).
`Freehold’ means you own the property and the land it sits on.
`Flooding’ means any case where land not normally covered by water becomes covered by water.
`Leasehold’ means you do not own the land the property stands on. A lease is an agreement between you and the owner of the freehold or of another lease. The lease sets out what you can and cannot do as a leaseholder.
`Listed property’ means a property of special architectural or historic interest as “listed” in the National Heritage List for England and the National Historic Assets of Wales.
`Planning documents’ means any planning permissions, building regulations approvals and completion certificates or planning orders or documents.
`Property’ includes all buildings and land within its boundaries.
`Restrictive covenant’ means clause(s) in deed(s) or lease(s) that limits what the owner of the land or lease can do with the property.
`Sale contract’ means the legal contract between the buyer and seller for the purchase/sale of the property. It is a legal document and once the contract is exchanged it is legally binding on all parties.
`Searches’ includes reports in relation to a variety of matters covering topics such as local, planning and environmental.
`Seller’ means all sellers together where the property is owned by more than one person.
`Shared ownership’ means you buy a share in a property with an organisation such as a housing association, to whom you will pay rent on the part you don’t own. Most homes purchased through shared ownership are leasehold.
`Solicitor’ includes, for the purposes of this form, `conveyancer’ as defined by HM Land Registry Practice Guide 67.

Instructions

• The answers should be prepared by the person or persons named as owner on the deeds or HM Land Registry title or by the owner’s legal representative(s) if selling under a power of attorney or grant of probate or representation. If there is more than one seller, you should prepare the answers together, or if only one seller prepares the form, the other(s) should check the answers given, and all sellers should then sign the form.
• You should answer the questions as accurately as you can from your own knowledge (or, in the case of legal representatives, you or the owner). You are not expected to have expert knowledge of legal or technical matters or matters that occurred prior to your ownership of the property, or information that can only be obtained by carrying out surveys, local authority searches or other enquiries.
• It is very important that your answers are truthful. If you give incorrect or incomplete information to the buyer (on this form or otherwise in writing or in conversation, whether through your estate agent or solicitor or directly to the buyer), a prospective buyer may make a claim for compensation from you or refuse to complete the purchase.
• If you become aware of any information which would alter any replies you have given, you must inform your solicitor immediately. This is as important as giving the right answers in the first place. You should not change any arrangements concerning the property (such as with a tenant or neighbour) and affecting the information you have given without consulting your solicitor first.
• If you do not know the answer to any question, you must say so. If you are unsure of the meaning of any questions or answers, please ask your solicitor. Completing this form is not mandatory, but omissions or delays in providing information may affect the sale.
• Please give your solicitor any letters, agreements, or other papers which help answer the questions. The buyer will want the originals, where you have them, in due course, for example, guarantees. If you are aware of any material or information which you are unable to supply with the answers, tell your solicitor. If some of the documentation is lost, you may need to obtain copies at your own expense. You should also pass on promptly to your solicitor any notices or other information you have received concerning the property, and any that arrive at any time before completion of the sale. If you are not sure if a notice is relevant to the sale, ask your solicitor.